2007 ORS § 105.565¹

Complaint

• service

• jury trial

• admissibility of reputation as evidence

(1) Any action shall be commenced by the filing of a complaint alleging facts constituting the nuisance, and containing a legal description of the property involved and an allegation that the owners of record of the property have been notified of the facts giving rise to the alleged nuisance at least 10 days prior to the filing of the action with the court. The complaint must specify whether the plaintiff will seek the remedy provided in ORS 105.580 (Order of abatement) (2).

(2) The complaint shall be served on owners of record as provided in ORCP 7. No service need be made prior to an application for a temporary restraining order, provided the procedures of ORCP 79 B are followed with regard to all persons entitled to service under this section.

Notes of Decisions

Under Former Similar Statutes

As the state has valid interest in prohibiting illegal uses of prop­erty and proper safeguards exist, abate­ment pro­ceed­ings do not amount to an unconstitu­tional taking of prop­erty. State ex rel Haas v. Club Recrea­tion, 41 Or App 557, 599 P2d 1194 (1979), Sup Ct review denied

Atty. Gen. Opinions

In General

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

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